Is a defendant entitled to resent his sentence after the execution of his sentence has begun?

California, United States of America


The following excerpt is from People v. Sawyer, C082898 (Cal. App. 2017):

" '[G]enerally a trial court lacks jurisdiction to resentence a criminal defendant after execution of sentence has begun. [Citation.]' [Citations.] There are few exceptions to the rule." (People v. Turrin (2009) 176 Cal.App.4th 1200, 1204.) No recognized exception applies here. The trial court did not recall the sentence within 120 days after defendant's commitment to prison, and defendant cannot reasonably argue his sentence was unauthorized or was the product of clerical error. (See id. at pp. 1205-1207.) Under the circumstances, the trial court lacked jurisdiction to modify defendant's sentence. (Id. at p. 1208.)

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